About
The Common Scold



The Common Scold is named after a cause of action that originated in Pilgrim days, when meddlesome, argumentative, opinionated women who displeased the Puritan elders were punished by a brisk dunk in the local pond. Believe it or not, the tort lasted until 1972, when State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 (N.J.Super.L., Jul 13, 1972) pretty much put it to rest. But the thought of those feisty women, not afraid of a little cold water, has always cheered me up and inspired me. I first used the moniker as the name of my humor column at the University of San Francisco School of Law many moons ago, and revive it now for this blawg!


Law Technology Now: Guest Craig Ball

In the April edition of my Law Technology Now podcast, I'm delighted to welcome back Austin, Texas-based attorney and e-discovery columnist Craig Ball, author of the Law Technology News column, "Ball in Your Court."

S0409575_ENL We discuss Facebook's decision to create a "one-button" tool to collect user data on its social media site, and recent e-discovery cases, including Shira Scheindlin's winter ruling about metadata requirements.

Ball's April column explains why it's just about futile to try to erase data from your computer when faced with a legal hold. Check out "Double Delete Doesn't Do It."

April 26, 2011 in EDD: E-Discovery, Podcasts | Permalink | Comments (0) | TrackBack

UPHILL CLIMB

Climb With an approximate revenue of $2.8 billion in 2009, e-discovery vendors are slowly but steadily moving uphill again, report Minnesota consultants George Socha and Thomas Gelbmann, in their 2010 survey of EDD trends and developments.

Unlike the logrithmic rabbit leaps of the past, current growth is more tortoise-like, at the rate of 10% to 15% per year, they note in their August LTN cover story, "Climbing Back."

And in our Law Technology Now August podcast, I interview Socha and Gelbmann about the "why" of these trends, from the perspectives of law firms, law departments, and providers.

August 6, 2010 in EDD: E-Discovery, Podcasts | Permalink | Comments (0) | TrackBack

THE BIG SQUEEZE

19952772.thb Small firm lawyers, with small cases and even smaller budgets, sometimes feel like the proverbial David facing Goliath. But fear not: less can definitely be more. Wisconsin lawyer and consultant Ross Kodner, CEO of MicroLaw, explains how you can go to court armed with simple but effective technology tools that help you organize and present your case -- developed from software you already own.

Ross discusses his story on this month's Law Technology Now podcast, and you can read his article in the July issue of LTN.

We also discuss the just-released 2010 LTN Vendor Satisfaction Survey, conducted by our colleagues in our ALM Intelligence division. Kodner says he's not the least bit surprised that legal professionals are increasingly frustrated with vendors, and are demanding better customer service and faster resolution of problems.

Check out "Help, Please!," our July cover story, and watch for our next LTN Video, which features Erica Greathouse, IT director of Cox, Castle & Nicholson, with some delicious tales of help desk nightmares. It will be up shortly on our LTN website.

July 15, 2010 in EDD: E-Discovery, From the current issue of LTN, Podcasts, Technology | Permalink | Comments (0) | TrackBack

LEGAL CURRENTS

During my recent trip to Minnesota, the Thomson Reuters Legal team invited me to tape another episode of its Legal Currents podcast.

Moderator Leonard Lee and I had a lively interaction, discussing my cover story, "Risks & Rewards," in the May issue of LTN. The article, and our conversation, focused on the importance of nuanced social media policies for just about any organization. We talked about the potential problems law firms and companies can face, if personnel use social media inappropriatelyNetwork -- from violations of professional responsibility and ethics rules or Federal Trade Commission guidelines; to damage to reputation and branding; to harassment; and more.

And if you missed ALM's "Social Media: Risk & Rewards" programs in New York and San Francisco, no worries! We will be offering an advanced program November 3 in New York.

June 11, 2010 in Podcasts, Social Networking | Permalink | Comments (0) | TrackBack

 
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